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II. Child pornography

“Child” means a person under 16 years’ of age.

“Child pornography” is defined as any photograph, film, computer generated image or other visual depiction that is a pornographic depiction of a person who is or is depicted as being a child. Pornographic depiction means a visual depiction:

  1. of a person as being engaged in explicit sexual conduct, whether or not the person is in fact engaged in such conduct; or

  2. that depicts in a sexual manner or context the genitals or anal region of a person or the breast of a female person, but does not include a depiction for a genuine family purpose.

The pornography may be by electronic or other means, and includes data stored in a form that is capable of being converted into a photograph, film, image, such as a computer file.

It is an offence contrary to section 3 of the Prevention of Child Pornography Ordinance ( Chapter 579 ), for any person to:

  1. print, make, produce, reproduce, copy, import or export any child pornography,
    (The maximum penalty on conviction on indictment is a fine of $2,000,000 and imprisonment for 8 years; or on summary conviction a fine of $1,000,000 and imprisonment for 3 years);

  2. publish any child pornography,
    (The maximum punishment on conviction on indictment is a fine of $2,000,000 and imprisonment for 8 years; or on summary conviction a fine of $1,000,000 and imprisonment for 3 years);

  3. possess any child pornography (unless he or she is the only person pornographically depicted in the child pornography),
    (The maximum penalty on conviction on indictment is a fine of $1,000,000 and imprisonment for 5 years; or on summary conviction a fine of $500,000 and imprisonment for 2 years);

  4. publish or cause to be published any advertisement that conveys or is likely to be understood as conveying the message that any person has published, publishes or intends to publish any child pornography,
    (The maximum punishment on conviction on indictment is a fine of $2,000,000 and imprisonment for 8 years; or on summary conviction a fine of $1,000,000 and imprisonment for 3 years.)

A person “publishes” child pornography if he or she:

  1. distributes, circulates, sells, hires, gives or lends the child pornography to another person; or

  2. shows the child pornography in any manner whatsoever to another person, including publicly displaying the child pornography in any public street or pier, or public garden or any public place where the public are permitted to have access.
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